Registering a US company when you don’t live in the country comes with more questions than answers. Non-resident founders often struggle to find clear, trustworthy information on how to legally set up a business, especially one that fits international needs. Delaware stands out as the go-to choice for many foreign entrepreneurs, but figuring out how to form a Delaware LLC as a non-resident isn’t always straightforward.
That confusion wastes time and delays growth.
We have written this guide to solve that. It’s for you if you want to understand the real process of setting up a Delaware LLC as a foreigner. Read further!
1. Select a Legally Acceptable Company Name
Choosing a name for your Delaware LLC is more important than you might think. It’s the first impression people get and sets the tone for your brand. So, let’s walk through how to find a name that checks all the legal boxes and resonates with your vision.
Head to the Delaware Division of Corporations website and use the Entity Name Availability Search tool. Type in potential names you’re considering, one at a time, and the system will immediately let you know whether it’s available or has already been taken. Spend a little time experimenting with alternate versions of your favorite name in case your first choice is unavailable. You might even consider small tweaks, like adding “LLC” or swapping in synonyms to land on something both unique and available.
Delaware has specific regulations for LLC names. Your chosen name must include the words “Limited Liability Company” or an acceptable abbreviation like “LLC” or “L.L.C.” You can’t use certain words like “bank,” “insurance,” or “university” unless you qualify and include extra paperwork. And whatever you pick must be distinguishable from other names already registered in Delaware to avoid confusion.
If you’re not ready to file your LLC immediately but want to lock in the name, you can reserve it. In Delaware, you can file a name reservation request with the Secretary of State and pay the associated fee (usually a small but useful investment). This process holds the name for up to 120 days. It’s a smart move if you’re still lining up paperwork or waiting on partners to sign off.
When you’re ready, use your chosen name in your Certificate of Formation or the name reservation form if you took that route. The state will check the availability one more time before approval. Once everything is approved, the name is officially yours, and your LLC becomes Delaware legal.
2. Designate a Registered Agent
Since you’re a non-US resident forming a US company, you will need a registered agent. This is someone (or an company like Globalfy) with a physical address in the state where you’re forming your business who can receive official government mail and legal documents on your behalf. In Delaware, which is a popular state for LLC formation, this means choosing a registered agent who is based in Delaware and available during regular business hours.
The role of the registered agent isn’t just about collecting mail. They act as your legal point of contact within the United States. If your company is sued, for example, the legal notice has to go somewhere, and your registered agent is the one who receives it. They’ll forward it to you promptly so you can respond. They’ll also get state notices, tax reminders, and compliance documents, ensuring you don’t miss deadlines that could cost you your good standing.
But here’s a critical point: the registered agent’s address is not your business address. It’s a legal contact address, not where your business operates. If you use it as your company’s business address, you risk blurring the line between you and your LLC, which could impact your liability protection.
Instead, you should get a virtual business address. That gives your company a proper US address for operations, banking, and credibility without jeopardizing your legal protection.
3. Obtain a virtual address
Since you don’t have a physical office address, you will need a virtual business address for registration. It gives your company a real street address you can list on official documents, websites, and even your business cards. Note that this address is not a P.O. Box. It’s a legitimate commercial address that can receive business mail, making it perfect for remote businesses, international owners, or privacy-minded entrepreneurs.
When you set up a virtual address through a provider, you’ll be able to have your business mail sent there. Then, your provider will forward that mail to you, usually via email or through an online portal. To legally allow the virtual address provider to receive mail on your behalf, you must file Form 1583 with the US Postal Service. It’s a simple form, but it’s required to comply with USPS rules on mail handling.
Along with Form 1583, you’ll need to submit two forms of ID. One must include a photo (like a passport or driver’s license), and the other can be something like a utility bill or a bank statement showing your name and residential address. These IDs help verify your identity and ensure the virtual address isn’t used for fraud.
4. File a request for a Certificate of Formation
If you’re ready to make your business official in Delaware, the first step is filing your Certificate of Formation. This document sets up your business as a Limited Liability Company (LLC) and gets you on the state’s records. Delaware calls it a Certificate of Formation, while other states might call it an Articles of Organization, but it’s the same thing.
You can file this certificate in two ways: by mail or online. To file by mail, send your completed Certificate of Formation to:
Delaware Division of Corporations
401 Federal Street, Suite 4
Dover, DE 19901
If you’re more comfortable doing things digitally or just want to save time, you can file online through the Delaware Division of Corporations website. The online option is usually faster and easier, especially if you’re not local.
Before you file, double-check the state’s current fee schedule. The filing fee can change, so don’t rely on outdated information. You’ll want to make sure you’re paying the correct amount. Most basic filings for an LLC will cost around $90, but if you wish to have things expedited, that’ll cost extra.
Once you file, be patient. The Division of Corporations generally processes documents in about a week. But keep in mind: if you’re filing during peak times, like year-end or tax season, it can take up to three weeks or longer. If you’re in a rush, expedited processing is an option, but again, it comes at a cost.
5. Obtain an Employer Identification Number (EIN)
Getting an Employer Identification Number (EIN) is a key step in setting up your US business in Delaware or any other state, and the good news is—it’s not as complicated as it sounds. You can always get your EIN from the IRS. You don’t need to be a US citizen or even live in the United States to qualify. The IRS issues EINs to foreign individuals and businesses all the time.
You can apply for the EIN online through the IRS website if you have a valid US taxpayer ID (like an SSN or ITIN). If not, you’ll need to submit Form SS-4 by mail or fax. And yes, there’s a specific process for foreign applicants, but it’s totally doable. Just make sure your paperwork is accurate and matches the details in your Certificate of Formation.
6. Open a Business Bank Account
Opening a business bank account is a key step in getting your Delaware LLC up and running. While US residents can usually walk into a bank and open an account the same day, foreigners and non-residents face more hurdles. The biggest challenge is often identity verification and meeting compliance requirements, especially if you’re trying to do it from abroad.
Thankfully, there are online banking platforms that cater specifically to non-residents and startups. Mercury, Relay, and Found are among the most popular. These platforms don’t require you to be physically present in the US and offer a fully online application process.
They’re not technically “banks,” but they partner with FDIC-insured banks to provide business banking services. That means your money is still protected, and you can access all the essentials, like ACH payments, wire transfers, and business debit cards.
It’s also worth knowing that your business bank account doesn’t need to be in the same state as your LLC. For example, you could form your LLC in Delaware and open a business account with a bank based in California, and it won’t matter.
Benefits of Forming Your LLC in Delaware
Whenever you type “where to form an LLC in the US,” Delaware probably pops up early in your research, and for a good reason. This is one of the best states to form an LLC because it has built a solid reputation. Let’s explain what makes it stand out.
– Business-Friendly Legal System: Delaware’s legal system is tailor-made for businesses. The state has a special court, called the Court of Chancery, that deals only with business cases. There are no juries involved, just judges who specialize in corporate law. That means faster resolutions and rulings based on well-established legal precedents. If your LLC ever runs into a dispute, you’ll appreciate how efficiently Delaware handles it.
– Strong Legal Protections for Owners: In Delaware, the LLC structure offers strong protection for business owners. Your personal assets stay separate from your company’s debts and liabilities. That’s not unique to Delaware, but the state does go a step further. The rules make it really hard for someone to “pierce the corporate veil” and go after you personally for business issues unless there’s serious misconduct involved.
– Privacy for LLC Members: Delaware doesn’t require you to list the names of the LLC’s members or managers in the public formation documents. That gives you a layer of privacy that many other states don’t offer. If keeping your name off the public record matters to you, Delaware is one of the few states that makes it easy.
– Flexible LLC Structure: Delaware gives you a lot of freedom to run your LLC your way. You can structure management however you like. There’s no requirement to hold annual meetings or keep minutes—basically, there are fewer hoops to jump through.
Globalfy will help you register your Delaware LLC
At Globalfy, we make it simple to launch your US business completely online with expert support every step of the way. This is because we understand how to start a business in the US for foreigners. Over the past 10 years, we’ve helped more than 10,000 entrepreneurs from over 85 countries set up companies in the United States, and we’re here to help you do the same.
Whether you’re building an e-commerce brand, offering digital services, or running a tech startup, we have tailored plans to match your needs and budget.
Our Starter plan ($588/year) is the perfect way to begin. It covers the essentials: company formation (LLC or Corporation), your EIN, a virtual US address, a registered agent, an operating agreement, and even helps get your US bank account up and running.
Looking for more than just company formation? The Essential plan ($1,308/year) includes everything from Starter plus your first year of tax filing, state renewal fees, and ongoing tax consulting. You’ll also get an account manager to guide you along the way.
If you’re a solo entrepreneur, our Essential Remote plan ($998/year) gives you all the same benefits as Essential, customized just for single-member LLCs. And if you’re scaling fast and want full accounting support, our Scale plan ($5,028/year) includes daily bookkeeping with Xero, sales tax registration and reports, and priority support on WhatsApp.
No matter which plan you choose, you’ll have access to email, phone, and WhatsApp support, a dedicated accounting team, and people who understand online business inside and out. At Globalfy, we don’t just help you start a company; we help you start smart. Contact us today.
Conclusion
Starting a Delaware LLC as a foreigner isn’t as hard as it might seem once you understand the steps. You don’t need to be in the US, and you don’t need to be a legal expert. You just need clarity, the right resources, and a process that works. From picking a compliant name to getting your EIN and opening a US bank account, every step has a purpose.
Yes, there are rules to follow and forms to file. But with the right help, it’s manageable and absolutely worth it. Delaware gives you real legal protections, privacy, and flexibility you won’t find in every state. Whether you’re a solo founder, part of a team, or just exploring the US market, forming your LLC the right way sets you up for success.
So take your time, do it right, and don’t let the process overwhelm you. And if you want support that’s built for global founders, agencies like Globalfy exist for a reason. You’re not alone in this. Reach out to us today.
Frequently Asked Questions
Can a foreigner open an LLC in Delaware?
Yes, a foreigner can legally open an LLC in Delaware. There’s no requirement to be a US citizen or resident. You’ll need a registered agent in Delaware and must follow standard formation procedures.
Can I form an LLC in Delaware if I don’t live there?
Absolutely. You don’t need to live in Delaware or anywhere in the US to form an LLC there. Many non-residents choose Delaware for its business-friendly laws, strong legal protections, and straightforward LLC registration process.
Can a foreigner own an LLC in the USA?
Yes, foreigners can own 100% of a US-based LLC, and US citizenship or residency isn’t required. However, you’ll need to meet certain compliance steps, including getting an EIN and possibly filing specific reports depending on your business activity.
How much does it cost to register a foreign LLC in Delaware?
The cost to register a foreign-owned LLC in Delaware varies based on services, filing method, and any add-ons like expedited processing. You’ll also need to maintain compliance annually with renewal fees and required government filings.